Donovan v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from, Buchanan Circioit Court. — Hon. J. P. GrRUBB, Judge. (1) In an action for injury by railroads to stock, under the statute, the defence of contributory negligence is a good one. Trow v. Railroad, 24 Yt. 487; Marsh r>. Royilroad, 14 Barb. 364 ; Mentges ¶. Railroad, 1 Hilton, 425. (2) An owner of cattle who puts them where they are exposed to obvious danger assumes the risk. Railroad 'o.
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Appeal from, Buchanan Circioit Court. — Hon. J. P. GrRUBB, Judge. (1) In an action for injury by railroads to stock, under the statute, the defence of contributory negligence is a good one. Trow v. Railroad, 24 Yt. 487; Marsh r>. Royilroad, 14 Barb. 364 ; Mentges ¶. Railroad, 1 Hilton, 425. (2) An owner of cattle who puts them where they are exposed to obvious danger assumes the risk. Railroad 'o. Methuen, 21 Ohio St. 586; Smith ?>. Railroad, Iowa, 508; Curry v. Railroad, 43 Wis. 665 ; Railroad v. McHenry, 24 Kas. 501; Carey v. Railroad, 20 N. W. Rep. 648. (3) Contributory negligence will…
1Opinion of the CourtBlack, J.
This is a suit for double damages under section 809, Eevised Statutes, for injuries to cattle. The facts disclosed on the trial are as follows : Defendant’s road runs through a farm owned by the plaintiff, Donovan. He enclosed fifty acres by building a fence on three sides, the railroad constituting the fourth side. Before erecting the fence he notified defendant-of his intention and requested its proper agents to fence the road, stating at the same time that the land was lower than the track, and if it should rain his cattle would go upon the road. He made a like request after the fence had…
2Cases cited1 opinion
- Parish v. Missouri, Kansas & Texas RailroadSupreme Court of Missouri · 1876
3Cited by17 opinions
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
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